CLERKS TO DISTRICT ATTORNEYS.

642. District attorneys may, with the approval of the Attorney General, and at compensation fixed by him, employ clerical assistance. (See sec. 15, act May 28, 1896; 34 Stat. L., 754; 36 Stat. L., 1426.)

643. The civil-service rules except from examination only one clerk to cach district attorney. Other clerks or messengers, if any, must be appointed by certification, transfer, or as otherwise provided by the civil-service rules.

644. Certification of eligibles will be made by the local secretary of the Civil Service Commission. (See pp. 26 to 29, of Form 131, issued by the commission.)

645. Applications for authority to employ clerks, other than those to be selected under the rules and regulations of the Civil Service Commission, should state:

(a) Full name and address of proposed employee.

(b) Place and date of birth.

(c) Present occupation.

(d) Proposed rate of compensation.

(e) Qualifications for the position, and especially whether a stenographer qualified to take testimony in court.

646. Applications for authority to employ an additional clerk, or to employ temporary clerical assistance, as distinguished from applications for authority to fill a position already established, must be accompanied by a certificate from the district judge setting forth the facts constituting the necessity therefor. (See sec. 15, act May 28, 1896.)

OATH OF OFFICE.

647. Clerks to district attorneys must take the oath of office prescribed by section 1757, R. S. U. S., and forward the same at once. to the Department of Justice, stating therein the date of entry upon duty.

TERM OF SERVICE VACANCIES.

648. Clerks to United States district attorneys remain in office during the pleasure of the district attorney, unless sooner removed by the cancellation of the approval of the Attorney General.

649. Their term of office expires, however, with that of the district attorney by whom they may be employed. (See 4 Comp., 601.) There is a special provision contained in the annual appropriation acts under which such clerks may be paid for services actually rendered in good faith during vacancies in the office of United States district attorneys.

650. Resignations, suspensions, and dismissals must be immediately reported to the department. It must be shown therein at the close of what date compensation should cease.

895-16- -9

MESSENGERS TO UNITED STATES DISTRICT
ATTORNEYS.

651. If exceptional circumstances render the employment of a messenger in the district attorney's office essential to the expeditious and economical transaction of official business, application may be made for the necessary authority.

652. Such application should explain definitely and clearly the necessities of the situation and give information similar to that required in applications for authority to employ clerical assistance.

653. As stated in paragraph 643, messengers must be employed in accordance with the rules and regulations of the Civil Service Commission.

654. Such items are to be treated as office expenses, which must be authorized by the Attorney General. (See par. 677.)

APPROVAL OF ACCOUNTS.

655. The law provides for the approval by the court of the accounts of clerks and marshals in the presence of the attorney or his assistant, and requires the accounts of commissioners to be forwarded to the attorney, to be by him submitted for approval in open court.

656. Commissioners' accounts should be compared with the records of the attorney's office. When submitted for approval the court should be informed of any charges which such examination shows to be erroneous, also any charges found within the personal knowledge of the attorney or his assistants to be illegal, or contrary to the rules and practice in his district.

657. When any part of an account is not approved by the court, the item or items not approved should be specified by the district attorney in a separate statement accompanying the account.

658. When a commissioner claims two per diems in one case, the account must show why the hearing could not be completed in one day. If satisfactory reason is not shown or obtained concerning the cause of the continuance, objection should be made to the approval of the second per diem. (See sec. 21, act May 28, 1896.)

TRAVELING EXPENSES OF DISTRICT ATTORNEYS,
THEIR ASSISTANTS AND CLERKS.

659. Expenses of lodging and subsistence, not exceeding $4 per day, and traveling expenses of district attorneys and their regular assistants while necessarily absent from their official residences on official business are payable from the appropriation "Salaries and Expenses of District Attorneys, U. S. Courts."

660. The vouchers for such expenses should be prepared monthly on Form 754; supported by affidavit on Form 755; submitted to

t

and examined by the district judge; and when approved by said judge, handed to the marshal for payment.

661. If it is necessary to travel outside of the district permission must first be obtained from the Attorney General and the account must show the date of the letter granting such permission. In requesting such authority, the necessity for the trip should be fully explained.

662. Such expenses should be fully itemized, each item dated and entered in chronological order. Each voucher should also show clearly the purpose of the trip or trips taken.

663. The itemization of charges should be so arranged that the exact amount paid for any one day may be readily determined. The items of expense of a given day begin with breakfast and end with lodging. (See 7 Comp., 338.)

664. The maximum charge for lodging and subsistence should not exceed $4 for any day during the trip. If expenses amount to less than $4 on one day and more than $4 on the succeeding day, they can not be averaged so as to charge $8 for two days. (See 4 Comp., 418.)

665. Receipts should be obtained for lodging and subsistence (showing the first and last meal taken and the day or days of lodging), also for hire of a vehicle, if any.

666. Round-trip tickets should be used whenever practicable and economical.

667. Charges for the use of vehicles owned by district attorneys or their assistants are not allowable. (See 20 Comp., 666, and 21 Comp., 219.)

668. The Government is not chargeable with expenses arising on account of remaining at a given point on private business, or for excess cost of travel other than by the shortest usually traveled route.

669. Necessary porterage (when not prohibited by State law) on sleeping cars not exceeding 25 cents per day or parlor cars not exceeding 15 cents per day is allowable.

670. Fees to waiters (when not prohibited by State law), not exceeding 45 cents per day, and when there is continuous absence from headquarters for 6 days or more, laundry, at not exceeding the rate of $6 per month, will be allowed as part of and within the maximum per diem for subsistence. Reasonable fees actually paid to expressmen and porters who handle baggage on arrival at and departure from hotels and stations, will be allowed as expenses of travel, when not contrary to State law.

671. Items for hire of a vehicle are allowable only if the necessity therefor is clearly shown.

672. If joint expenses of subsistence are incurred by an employee and his wife while he is absent on official business, one-half of the

amount thus expended is allowable if within the fixed maximum allowance. (See 21 Comp., 622.)

673. When travel is begun from any place other than the official headquarters (the officer not being, at said place on official business) expenses are not allowable in excess of what it would have cost if travel had been commenced at headquarters.

674. Passes granting free transportation within State limits should not be used for official business.

675. Accounts of traveling expenses of clerks to district attorneys incurred in accordance with previous authorization from the Attorney General are governed by the same rules and regulations and are payable by the marshal from the same appropriation as like accounts for traveling expenses of regular assistant attorneys, excepting that the maximum compensation for subsistence is usually fixed at $3 per day. Such accounts should be approved by the district attorney instead of by the judge. They should be prepared on Form 766. (See 3 Comp., 253.)

676. Applications for authority to have clerks travel to attend terms of court should be made on Form 25-B in the usual manner, but only when the clerk's presence and assistance is clearly essential.

OFFICE EXPENSES.

677. Office expenses of district attorneys are provided for by section 14 of the act of May 28, 1896, and the instructions pertaining to office expenses of marshals, found in paragraphs 346 to 348, are applicable to like expenses of district attorneys; also the instructions pertaining to telegrams and long-distance telephone messages, found in paragraphs 5 to 12, and as to supplies in paragraphs 14 to 21.

SPECIAL EXPENSES OF CONDUCTING PARTICULAR CASES PAYABLE, AFTER FORMAL AUTHORIZATION, FROM THE APPROPRIATION "MISCELLANEOUS EXPENSES, U. S. COURTS."

GENERAL INSTRUCTIONS.

678. Action which will create liability or result in the presentation of a claim covering services or expenses payable as above stated must be taken only after formal authorization has been received from the Attorney General. Application for authority to incur such expenses should be made on Form 25-B, prepared in quintiplicate, i. e., one original and four carbon copies; two copies will be returned and the others retained for departmental records.

679. The estimated total cost, proposed rates of payment, and full definite information concerning the character of and the neces-; sity for the expense should be shown in each application.

680. The following are among the items payable as above stated, special instructions concerning each of which will be found under its proper heading:

(a) Stenographers to report proceedings.

(b) Interpreters.

(c) Experts and other special employees. (d) Printing records and briefs.

(e) Abstractors of title.

STENOGRAPHERS TO REPORT PROCEEDINGS.

681. District attorneys should advertise annually, during the month of June, for proposals from competent stenographers to take and transcribe testimony in all cases where such action may be authorized during the approaching fiscal year. Such proposals should be transmitted to the department with suitable recommendations for authority to award the contract.

682. Notwithstanding the existence of an annual contract, authority should be procured for having the testimony taken under such contract in each specific case, and such applications should be confined closely to those cases of special importance in which such action is necessary to protect the interests of the Government.

683. Applications on Form 25-B should show:

(a) Title and character of case and the exceptional circumstances which render stenographic services necessary.

(b) Proposed per diem compensation for reporting the proceedings. (c) Proposed rate of payment per folio for making transcript if necessary the number of copies required, and for whom.

(d) Probable duration of employment, and estimated total

expense.

(e) Whether the district attorney's clerk or the judge's stenographer is able to take and transcribe testimony, and if so, why his services can not be utilized to report the case in question.

VOUCHERS.

684. Accounts of stenographers employed to take testimony should be vouchered on Form 746, when without expenses, and 747 when with expenses. All of the information contemplated by the form should be supplied. The dates on which services were rendered and the number of folios transcribed (verified by the office of the district attorney before approval) should be shown.

INTERPRETERS.

685. Upon the approach of a term of court during which it will be necessary to employ interpreters the district attorney should make application upon Form 25-B for the necessary authority. Such application should be made in sufficient time to permit the